Florida Regulations 64B16-30.001: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

(1) The board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon licensees guilty of violating Chapters 456, 465, 499, or 893 or Florida Statutes § 828.055 The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of Chapters 456, 465, 499, 893 or Florida Statutes § 828.055 The term license means any permit, registration, certificate, out-of-state telehealth provider registration, or license, including a provisional license, issued by the Department. Penalty ranges are shown as minimum and maximum guidelines as well as for first time single count violations and for multiple or repeated violations of the same statutory provision or the rules promulgated thereunder. The range of disciplinary action for registered out-of-state telehealth providers shall be, in ascending order of severity, reprimand, suspension, and revocation. For telehealth registrants, a suspension may be accompanied by a corrective action plan that includes rehabilitative provisions narrowly tailored to address the conduct which resulted in the underlying disciplinary violations. The Board may require a corrective action plan to be completed prior to reinstatement of the suspended registration or the corrective action plan may follow a suspension for a definite term. All penalties at the upper range of the sanctions set forth in the guidelines, e.g., suspension, revocation, etc., include lesser penalties, e.g., fine, continuing education, probation, or reprimand, which may be included in the final penalty at the board’s discretion. Probation may be subject to conditions, including restriction from practice in certain settings, restricting the licensee to working only under designated conditions or in certain settings, requiring continuing or remedial education, or any other restriction found to be necessary for the protection of the public health, safety, and welfare. In addition to any other discipline imposed under these guidelines, the board shall assess costs relating to the investigation and prosecution of the case.

Terms Used In Florida Regulations 64B16-30.001

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fraud: Intentional deception resulting in injury to another.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Jurisprudence: The study of law and the structure of the legal system.
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.

(2) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees and permittees for violation of the below mentioned statutes and rules. For the purposes of this rule, the descriptions of the violations are abbreviated, and the full statute or rule cited should be consulted to determine the prohibited conduct.
VIOLATION
FLORIDA LICENSE PENALTY RANGE
OUT-OF-STATE TELEHEALTH PROVIDER PENALTY RANGE

FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
(a) Obtaining a license
or permit by
misrepresentation, fraud, or error.
(Section 465.016(1)(a), F.S.);
and
(Section 465.023(1)(a), F.S.)

1. By
misrepresentation or
fraud.
MIN: $10,000 fine for each count and Revocation;

MAX: $10,000 fine for each count and Revocation.
MIN: $10,000 fine for each count and Revocation;

MAX: $10,000 fine for each count and Revocation.
MIN: Revocation;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
2. By error of the Department or Board on original application or renewal.
MIN: Revocation;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation
MIN: Revocation;

MAX: Revocation
(b) Procuring or attempting to procure a license or permit for another person by false representation.
(Section 465.016(1)(b), F.S.); and
(Section 465.023(1)(b), F.S.)
MIN: $10,000 fine for each count and Revocation;

MAX: $10,000 fine for each count and Revocation.
MIN: $10,000 fine for each count and Revocation;

MAX: $10,000 fine for each count and Revocation.
MIN: Revocation;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
(c) Permitting any unlicensed persons or unsupervised registered interns to fill, compound, or dispense any
prescriptions.
(Section 465.016(1)(c), F.S.)
MIN: $2,500 fine and 12-hour Laws & Rules course or Multistate Pharmacy Jurisprudence Exam (MPJE);

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: $10,000 fine and Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(d) Being unfit or incompetent to
practice pharmacy by reason of habitual intoxication, medicinal drug abuse, or
physical or mental condition that
threatens public
safety.
(Sections 465.016(1)(d), and (m), F.S.)
MIN: Suspension until licensee is able to demonstrate the ability to practice with reasonable skill and safety;

MAX: Revocation.
MIN: Suspension until licensee is able to demonstrate the ability to practice with reasonable skill and safety followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan, including, at a minimum, that the provider is able to demonstrate the ability to practice with reasonable skill and safety;

MAX: Revocation.
(e) Violating laws governing the practice of pharmacy.
(Section 465.016(1)(e), F.S.);
(Section 465.023(1)(c), F.S.)

1. Florida Statutes Chapter 465:

a. Failure to properly supervise registered pharmacy technician.
(Florida Statutes § 465.014)
MIN: $250 fine, one (1) year of probation, and 12-hour Laws and Rules course or MPJE;

MAX: $1,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws and Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
b. Operating a pharmacy that is not registered.
(Section 465.015(1)(a), F.S.)
MIN: $500 fine per month (up to $5,000 fine), 12-hour Laws and Rules course or MPJE, and permittee must renew permit, obtain new permit, or cease operation;

MAX: Revocation.
MIN: Revocation;

MAX: $10,000 fine, revocation, referral to State Attorney’s Office for criminal prosecution.
MIN: Reprimand;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation and, if appropriate, referral for criminal prosecution.
c. Operating a
pharmacy where an unlicensed, unregistered, or
unsupervised person practices pharmacy.
(Section 465.015(1)(b), F.S.)
MIN: $5,000 fine, 12-hour Laws and Rules course or MPJE, and one (1) year of probation;

MAX: Revocation.
MIN: $10,000 fine, one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
d. Making a false or fraudulent statement to the board.
(Section 465.015(2)(a), F.S.)
MIN: $10,000 fine;

MAX: $10,000 fine and Revocation.
MIN: $10,000 fine and Revocation;

MAX: $10,000 fine and revocation.
MIN: Reprimand;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
e. Filling or
compounding prescriptions, or
dispensing medicinal drugs, without an
active license.
(Section 465.015(2)(b), F.S.)
MIN: $500 fine per month while inactive (up to $6,000);

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation;
MIN: $10,000 fine and one (1) year suspension;

MAX: Revocation.
MIN: Reprimand;

MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
f. Selling or
dispensing drugs
without a prescription.
(Section 465.015(2)(c), F.S.)
MIN: $1,500 fine;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
g. Selling samples or complimentary drugs.
(Section 465.015(2)(d), F.S.)

(I) Non-scheduled
legend drugs.
MIN: $1,500 fine and (1) year of probation;

MAX: $5,000 fine and one (1) year suspension.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(II) Scheduled
(controlled substances) legend
drugs.
MIN: $5,000 fine and one (1) year of probation;

MAX: Revocation.
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
h. Failure to notify the board of, or failure to have, a prescription department manager or a supervising, a responsible, or a consultant pharmacist.
(Sections 465.0157, 465.018, 465.019, 465.0193, 465.0196, or 465.0197, and 465.022(10), or (11), F.S.)

(I) Failure to notify of change.
(Section 465.022(10), or (11), F.S.)
MIN: $500 fine each month licensee fails to notify the Board (maximum $5,000);

MAX: One (1) year of probation and $7,500 fine.
MIN: $500 fine each month licensee fails to notify the Board (maximum $7,500) and one (1) year probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
(II) Failure to have prescription department manager or a supervising, a responsible, or a consultant pharmacist of record.
MIN: $750 fine per month practicing without a prescription department manager (maximum of $6,000);

MAX: One (1) year suspension and a fine of $7,500.
MIN: $2,000 fine per month practicing without a prescription department manager (maximum of $10,000); and one (1) year of probation;

MAX: $10,000 fine and two (2) year suspension followed by two (2) years of probation.
MIN: Reprimand;

MAX: One (1) year suspension and a corrective action plan.
MIN: Reprimand;

MAX: Revocation.
i. Failure to comply with substitution of legend drug requirements.
(Sections 465.025(2), (3), and (4), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $2,200 fine and one (1) year of probation.
MIN: $2,500 fine, 12-hour Laws & Rules course or MPJE, and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;

MAX: Revocation.
j. Failure to follow negative formulary requirements.
(Florida Statutes § 465.025(6));
(Fl. Admin. Code R. 64B16-27.500)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;

MAX: $2,500 fine and one (1) year of probation.
MIN: $2,500 fine, 12-hour Laws & Rules course or MPJE, and one (1) year of probation;

MAX: Revocation.
k. Failure to follow emergency prescription requirements.
(Florida Statutes § 465.0275)
MIN: $500 fine;

MAX: $2,500 fine and one (1) year of probation.
MIN: $2,500 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
l. Engage in prohibited rebate scheme.
(Florida Statutes § 465.185)
MIN: $1,500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine, 12-hour Laws & Rules course or MPJE, and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;

MAX: Revocation.
m. Failure to comply with pharmacist
dispensing requirements.
(Florida Statutes § 465.186)

(I) Failure to follow procedure, but
dispense drug
appearing on
formulary.
(Florida Statutes § 465.186(3));
(Fl. Admin. Code R. 64B16-27.210)
MIN: $500 fine;

MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;

MAX: Suspension of right to dispense.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
(II) Dispensing drug not on the formulary.
(Florida Statutes § 465.186(2));
(Rules 64B16-27.220, .230, F.A.C.)
MIN: $1,500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
n. Failure to timely report fraudulent obtaining or attempted obtaining of controlled substances from a pharmacy.
(Florida Statutes § 465.015(3))

(I) Failure to timely report.
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(II) Failure to report.
MIN: $1,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
o. Violation of
facsimile prescription requirements.
(Florida Statutes § 465.035)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
p. Violation of requirements for administration of vaccines and epinephrine auto injection.
(Florida Statutes § 465.189); and; (Section 465.009(6)(a), F.S.)

(I) Administration
with failure to enter into a written protocol.
MIN: $2,500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation;

MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(II) Administration
with failure to maintain proper insurance.
MIN: $500 fine and suspension until insured;

MAX: $1,000 fine and suspension until insured followed by one (1) of year probation.
MIN: $1,000 fine and suspension until insured, followed by one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, becoming insured;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, becoming insured;

MAX: Revocation.
(III) Administration
with failure to maintain and make available patient records.
MIN: $500 fine;

MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(IV) Uncertified
administration of vaccine.
MIN: $5,000 fine and one (1) year of probation;

MAX: $7,500 fine and one (1) year suspension of license.
MIN: $7,500 fine and suspension of license until receipt of immunization certification;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(V) Failure to submit copy of protocol or written agreement to the board.
MIN: $500 fine;

MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
q. Failure to request photo or other verification of identity prior to dispensing a controlled substance to a person not known.
(Florida Statutes § 465.0155(2))
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
r. Failure to inform customers of less expensive drug when cost sharing obligation to customer exceeds retail price.
(Florida Statutes § 465.0244(2))
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension of dispensing rights followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, one (1) year suspension of dispensing rights;

MAX: Revocation.
2. Florida Statutes Chapter 499:

a. Adulteration or misbranding of a drug.
(Sections 499.005(2), and (3) F.S.); (Florida Statutes § 499.006); and (Florida Statutes § 499.007)

(I) Adulteration of a drug.
(Florida Statutes § 499.005(2)); and (Florida Statutes § 499.006)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(II) Receipt or delivery of any drug that is adulterated or misbranded.
(Florida Statutes § 499.005(3))
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(III) Incomplete or inaccurate labeling.
(Florida Statutes § 499.007);
(Fl. Admin. Code R. 64B16-28.108)
MIN: $250 fine and 12-hour Laws & Rules course or MPJE;

MAX: $2,500 and one (1) year of probation.
MIN: $2,500 fine and one (1) year of probation;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(IV) Fraudulent misbranding of legend drugs.
(Florida Statutes § 499.007)
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Two (2) year suspension.
MIN: $10,000 fine and two (2) year suspension followed by two (2) years of probation;

MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;

MAX: Two (2) year suspension and a corrective action plan.
MIN: Two (2) year suspension and a corrective action plan;

MAX: Revocation.
b. Failure to obtain a permit or registration or operating without a valid permit when it is required.
(Florida Statutes § 499.005(22))
MIN: $500 fine per month to a maximum of $5,000 (penalty will require permittee to obtain permit, renew permit, or cease practice);

MAX: $10,000 fine and one (1) year of probation.
MIN: $10,000 fine (penalty will require permittee to obtain permit, renew permit, or cease practice);

MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, the provider to obtain permit, renew permit, or cease practicing;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan including, at a minimum, the provider to obtain permit, renew permit, or cease practicing;

MAX: Revocation.
c. Prescription drug transaction violations.
(Florida Statutes § 499.005(28)); and (Florida Statutes § 499.0051)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
d. Recordkeeping
requirement.
(Florida Statutes § 499.0121); and (Sections 499.005(18), and (19), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
e. Storage of drugs.
(Florida Statutes § 499.0121)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
3. Florida Statutes Chapter 893
(Controlled Substances):

a. Filling a written or oral prescription for controlled substances that does not meet the requirements of Florida Statutes Chapter 893
(Sections 893.04(1)(a), (b), and (c), F.S.)
MIN: $1,500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
b. Failing to retain prescription records for two (2) years.
(Section 893.04(1)(d), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
c. Failing to
appropriately label.
(Section 893.04(1)(e), F.S.)
MIN: $250 fine and 12-hour Laws & Rules course or MPJE;

MAX: $2,500 fine and one (1) year of probation.
MIN: $2,500 fine and (1) year probation;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
d. Dispensing a Schedule II drug inappropriately with a non-written prescription.
(Section 893.04(1)(f), F.S.)
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
e. Inappropriate
refilling of Schedule III, IV, or V drugs.
(Section 893.04(1)(g), F.S.); and (Section 893.04(2)(e), F.S.)
MIN: $1,750 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension.
MIN: $5,000 fine and one (1) year suspension;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and corrective action plan.
MIN: One (1) year suspension;

MAX: Revocation.
f. Receiving controlled substances without an appropriate order form.
(Florida Statutes § 893.06(1))
MIN: $2,500 fine;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
g. Possession of
controlled substances outside the regular course of business, occupation, profession, employment, or duty.
(Florida Statutes § 893.06(2))
MIN: $2,500 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
h. Failure to take a biennial inventory.
(Sections 893.07(1)(a), (2), (3), (4), and (5), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;

MAX: $2,500 fine and one (1) year of probation.
MIN: $2,500 fine and one (1) year of probation;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
i. Failure to maintain a complete and accurate record of controlled substances.
(Sections 893.07(1)(b), (2), (3), (4), and (5), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and two (2) years of probation;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
j. Dispensing Schedule V controlled
substances in other than good faith.
(Section 893.08(3)(b), F.S.)
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
k. Inappropriate
selling of Schedule V controlled substance.
(Section 893.08(3)(c), F.S.)
MIN: $1,500 fine, 12-hour Laws and Rules course or MPJE and one (1) year of probation;

MAX: Revocation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: Revocation
MIN: One (1) year suspension;

MAX: Revocation.
l. Unlawful possession of controlled substance.
(Florida Statutes § 893.13)
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: $10,000 fine and two (2) year suspension followed by two (2) years of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
m. Failure to report information regarding dispensed controlled substances to the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System.
(Florida Statutes § 893.055(3))
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
n. Failure to consult the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System prior to dispensing a controlled substance.
(Florida Statutes § 893.055(8))
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
o. Failure to maintain confidentiality of information obtained from the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System.
(Florida Statutes § 893.0551(6))

(I) Knowing violation.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension.
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
(II) Negligent
violation.
MIN: Reprimand;

MAX: $500 fine and 12-hour Laws & Rules course or MPJE.
MIN: $1,000 fine and one (1) year of probation;

MAX: $2,500 fine and one (1) year suspension.
MIN: Reprimand;

MAX: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
4. Violation of Federal Drug Abuse Act 21 U.S.C. § 821 et seq.
(Manufacture, Distribution, and
Dispensing of
Controlled Substances.)
MIN: $1,000 fine and one (1) year of probation;

MAX: $2,000 fine and one (1) year suspension.
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
5. Violation of Food and Drug Act 21 U.S.C. § 301 – 392.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: $7,500 fine and two (2) year suspension followed by two (2) years of probation;

MAX: Revocation.
MIN: One (1) year suspension;

MAX: Revocation
MIN: Two (2) year suspension and a corrective action plan;

MAX: Revocation.
(f) Criminal
conviction related to Pharmacy.
(Section 465.016(1)(f), F.S.)

1. Misdemeanor.
MIN: $1,000 fine;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
2. Felony.
MIN: $5,000 fine and one (1) year suspension followed by two (2) years of probation;

MAX: Revocation.
MIN: $10,000 fine and two (2) year suspension followed by three (3) years of probation;

MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
MIN: Two (2) year suspension and a corrective action plan;

MAX: Revocation.
(g) Using in the compounding of a prescription, or furnishing upon prescription, an ingredient or article different in any manner from the ingredient or article prescribed, except as authorized in Section 465.019(6), or 465.025, F.S.
(Section 465.016(1)(g), F.S.);
or, compounding, dispensing or distributing legend drugs outside professional practice of pharmacy.
(Section 465.016(1)(i), F.S.)
MIN (without ingestion or harm): Reprimand, submission of an improvement action plan, and complete a Board approved eight (8) hour CE course directly related to the violation at issue;
MIN: (with ingestion) $500 fine, submission of an improvement action plan, and complete a Board approved eight (8) hour CE course directly related to the violation at issue;

MAX (with or without ingestion or harm): $1,000 fine and one (1) year of probation.
MIN: (without ingestion or harm) $500 fine, complete a Board approved eight (8) hour CE course directly related to the violation at issue, and two (2) years of probation;
MIN (with ingestion or harm); $1,000 fine complete a Board approved eight (8) hour CE course directly related to the violation at issue, and two (2) years of probation;

MAX (without ingestion or harm) $2,500 fine and one (1) year suspension followed by two (2) years of probation; MAX (with harm): Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, complete a Board approved eight (8) hour CE course directly related to the violation at issue;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, complete a Board approved eight (8) hour CE course directly related to the violation at issue;

MAX: Revocation.
(h) Filing a false report or failing to file a report required by law.
(Section 465.016(1)(j), F.S.)

1. Knowing violation.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension.
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
2. Negligent violation.
MIN: Reprimand;

MAX: $500 fine and 12-hour Laws & Rules course or MPJE.
MIN: $1,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension.
MIN: Reprimand;

MAX: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
(i) Failure to make prescription price information available.
(Section 465.016(1)(k), F.S.)
MIN: $250 fine and 12-hour Laws & Rules course or MPJE;

MAX: $1,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) month suspension followed by two (2) years of probation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
(j) Improperly placing returned drugs into the stock of a pharmacy.
(Section 465.016(1)(l), F.S.)
MIN: $1,000 fine;

MAX: $1,500 fine and one (1) year of probation.
MIN: $3,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
(k) Violating a rule or order of the Board or Department.
(Section 465.016(1)(n), F.S.)

1. Rules of Board of Pharmacy.

a. Rules 64B16-28.101 to 64B16-28.1035, F.A.C.
Fl. Admin. Code R. 64B16-27.100
Fl. Admin. Code R. 64B16-28.109
Fl. Admin. Code R. 64B16-27.103
Fl. Admin. Code R. 64B16-27.104
Fl. Admin. Code R. 64B16-26.400
Rule 64B16-26.2032 F.A.C.
Fl. Admin. Code R. 64B16-28.1081
Fl. Admin. Code R. 64B16-27.105
Fl. Admin. Code R. 64B16-27.211
Fl. Admin. Code R. 64B16-28.113
Fl. Admin. Code R. 64B16-28.2021
Fl. Admin. Code R. 64B16-28.603
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $1,000 fine and one (1) year of probation.
MIN: $2,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
b. Sink and running water, sufficient space, refrigeration, sanitation, equipment.
(Fl. Admin. Code R. 64B16-28.102)
MIN: $250 fine and suspension until compliance;

MAX: $1,000 fine and suspension until compliance.
MIN: $2,000 fine and suspension until compliance;

MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, compliance;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, compliance;

MAX: Revocation.
c. Knowingly
purchase, sell, possess, or distribute
counterfeit drugs.
(Florida Statutes § 499.005(8))
MIN: $5,000 fine, and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: $10,000 fine, and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
d. Failure to remove outdated pharmaceuticals from active stock or dispensing of same.
(Fl. Admin. Code R. 64B16-28.110)
MIN: $500 fine for failure to remove, $1,000 fine for dispensing;

MAX: $2,500 fine, and one (1) year probation.
Min: $2,500 fine for failure to remove, $5,000 fine for dispensing, and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation for failure to remove and revocation for dispensing.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
e. Violation of destruction of controlled substances.
(Rules 64B16-28.301 and 64B16-28.303, F.A.C.)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
f. Serving as
consultant pharmacist without being licensed as a consultant pharmacist.
(Fl. Admin. Code R. 64B16-26.300)
MIN: $500 fine per month up to $5,000 fine (fine based upon the length of time the person is serving as a consultant without being licensed as a consultant pharmacist);

MAX: $500 fine per month up to $7,500 fine (fine based upon the length of time the person is serving as a consultant without being licensed as a consultant pharmacist) and one (1) year of probation.
MIN: $500 fine per month up to $7,500 fine (fine based upon the length of time the person is serving as a consultant without being licensed as a consultant pharmacist) and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
g. Violation of requirements for records maintained in a data processing system.
(Fl. Admin. Code R. 64B16-28.140)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE and 8-hour CE course in record keeping;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE and 8-hours CE course in record keeping;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
h. Failure to properly store legend drugs.
(Fl. Admin. Code R. 64B16-28.120)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
i. Practicing nuclear pharmacy without being licensed as a nuclear pharmacist.
(Fl. Admin. Code R. 64B16-26.303)
MIN: $500 fine per month up to $5,000 fine (fine based upon the length of time the person is practicing without being licensed as a nuclear pharmacist);

MAX: $500 fine per month up to $10,000 fine. (fine based upon the length of time the person is practicing without being licensed as a nuclear pharmacist) and one-year of probation.
MIN: $500 fine per month up to $10,000 fine. (fine based upon the length of time the person is practicing without being licensed as a nuclear pharmacist) and one (1) year suspension;

MAX: Revocation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;

MAX: Revocation.
j. Failure to follow technical requirements for nuclear pharmacy.
(Rules 64B16-28.901 and 64B16-28.902, F.A.C.)
MIN: $1,000 fine, and one (1) year of probation;

MAX: $2,500 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
k. Failure to properly transfer prescription files and medicinal drugs when closing pharmacy.
(Rules 64B16-28.202 and 64B16-28.203, F.A.C.)
MIN: Revocation.

MAX: Revocation.
MIN: Revocation.

MAX: Revocation,
MIN: Revocation;

MAX: Revocation
MIN: Revocation;

MAX: Revocation.
l. Failure to complete the required
continuing education during the biennial licensure period.
(Fl. Admin. Code R. 64B16-26.103)

(I) Failure to complete less than ten (10) hours.
MIN: $500 fine and suspension until completed;

MAX: $1,500 fine and suspension until completed.
MIN: $1,500 fine and suspension until completed;

MAX: $3,000 fine and suspension until completed.
N/A
N/A
(II) Failure to complete ten (10) or more hours.
MIN: $1,000 fine, take two (2) additional hours of continuing education for each of the continuing education deficiencies. Said hours shall not count for continuing education renewal requirements for the next biennium;

MAX: $2,500 fine and two (2) additional hours of continuing education per missing hour as outlined above.
MIN: $2,500 fine, suspension until deficiency and penalty units are completed, and take two (2) additional hours of continuing education for each of the continuing education deficiencies. Said hours shall not count for continuing education renewal requirements for the next biennium;

MAX: $5,000 fine, suspension until deficiency and penalty units are completed and two (2) additional hours of continuing education per missing hour as outlined above.
N/A
N/A
m. Failure to practice in accordance with established practice standards.
(Rules 64B16-27.1001 and 64B16-27.104, F.A.C.)

(I) Pharmacist.
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $1,000 fine and one (1) year of probation.
MIN: $2,500 fine and one (1) year suspension followed by one (1) year of probation;

MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
(II) Pharmacy Intern.
MIN: $250 fine and 12-hour Laws & Rules course or MPJE;

MAX: $500 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: $5,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension with a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
(III) Permittee.
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;

MAX: $1,000 fine and one (1) year of probation.
MIN: $2,500 and one (1) year suspension followed by one (1) year of probation;

MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension with a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
n. Failure to have or maintain current
policies and
procedures for
automated pharmacy system or central fill pharmacy.
(Rules 64B16-28.141 and 64B16-28.450, F.A.C.)
MIN: $500 and 12-hour Laws & Rules course or MPJE;

MAX: $1,000 fine and suspension of license/permit until current policies and procedures are in place.
MIN: $2,500 fine and suspension of license/permit until current policies and procedures are in place;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension with a corrective action plan including, at a minimum, current policies and procedures are in place.
MIN: Suspension and a corrective action plan including, at a minimum, current policies and procedures are in place;

MAX: Revocation.
o. Failure to have or maintain standards for an institutional pharmacy.
(Rules 64B16-28.602, 64B16-28.6021, 64B16-28.605, 64B16-28.606, 64B16-28.702, F.A.C.)
MIN: $500 fine and 12-hour Laws & Rules course or MJPE;

MAX: $2,500 fine and suspension of license/permit until current policies and procedures are in place.
MIN: $2,500 fine and suspension of license until policies and procedures are in place;

MAX: $5,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: Revocation.
p. Failure to have or maintain standards for a special pharmacy.
(Rules 64B16-28.800, 64B16-28.810, 64B16-28.820, 64B16-28.850, 64B16-28.860, 64B16-28.870, F.A.C.)
MIN: $500 fine and 12-hour Laws & Rules course or MJPE;

MAX: $2,500 fine and suspension of license/permit until current policies and procedures are in place.
MIN: $2,500 fine and suspension of license until policies and procedures are in place;

MAX: $5,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MJPE;

MAX: Revocation.
q. Failure to maintain standards for animal control shelters.
(Rule Fl. Admin. Code Chapter 64B16-29)
MIN: $500 fine and 12-hour Laws & Rules course or MJPE.

MAX: $2,500 fine and suspension of license/permit until current policies and procedures are in place.
MIN: $2,500 fine and suspension of license until policies and procedures are in place;

MAX: $5,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MJPE;

MAX: Revocation.
r. Failure to comply with Board’s rule on patient counseling.
(Rules 64B16-27.800, 64B16-27.810, 64B16-27.820, F.A.C.)
MIN: (without ingestion or harm): $250 fine and complete approved CE course in the prevention of medication errors of no less than eight (8) hours;
MIN: (with ingestion) $500 fine and complete approved CE course in the prevention of medication errors of no less than eight (8) hours;

MAX: (with or with ingestion or harm): $1,000 fine and (1) year of probation.
MIN: (without ingestion or harm) $500 fine and complete approved CE course in the prevention of medication errors of no less than eight (8) hours;
MIN: (with ingestion) $1,000 fine and complete approved CE course in the prevention of medication errors of no less than eight (8) hours, and one (1) year of probation;

MAX: (without ingestion or harm) $10,000 fine, and one (1) year suspension followed by one year of probation; MAX: (with ingestion or harm) Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of an approved CE course in the prevention of medication errors of no less than eight (8) hours;

MAX: One (1) year suspension with a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, completion of an approved CE course in the prevention of medication errors of no less than eight (8) hours;

MAX: Revocation.
s. Standards of
practice for
compounding CSPs.
(Rules 64B16-27.700 and 64B16-27.797, F.A.C.)

(I) No harm.
MIN: $500 fine, 12-hour Laws & Rules course, and course governing sterile compounds;

MAX: $2,000 fine and one (1) year of probation.
MIN: $2,500 fine and one (1) year suspension followed by one (1) year of probation;

MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course, and course governing sterile compounds;

MAX: One (1) year suspension with a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
(II) Harm.
MIN: $2,000 fine, one (1) year of probation, course governing sterile compounds and 12-hour Laws & Rules course;

MAX: Revocation.
MIN: $10,000 fine, and one (1) year suspension followed by one (1) year of probation;

MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course and course governing sterile compounds;

MAX: Revocation
MIN: Revocation;

MAX: Revocation
2. Violation of an order of the Board or Department previously entered in a disciplinary hearing.
MIN: $2,500 fine and one (1) year of probation;

MAX: $5,000 fine and suspension until compliance with order.
MIN: $5,000 fine and suspension until compliance with order;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan including, at a minimum, compliance with order.
MIN: Suspension and a corrective action plan including, at a minimum, compliance with order;

MAX: Revocation.
(l) License disciplined by another jurisdiction for an offense that would constitute a violation of this chapter.
(Sections 465.016(1)(h) and
465.023(1)(e), F.S.)
MIN: (Administrative related offense or offense not impacting patients directly) Reprimand;
MIN: (All other offenses) Same penalty as imposed in other jurisdiction or as closely as possible to penalties set forth in Florida Statutes;

MAX: $5,000 fine and same penalty as imposed in other jurisdiction or as closely as possible to penalties set forth in Florida Statutes.
MIN: Same penalty as imposed in other jurisdiction or as closely as possible to penalties set forth in Florida Statutes;

MAX: $10,000 fine and revocation.
MIN: Reprimand;

MAX: Revocation.
(Discipline shall be as close as possible to the penalty imposed in other jurisdiction.)
MIN: Reprimand;

MAX: Revocation.
(Discipline shall be as close as possible to the penalty imposed in other jurisdiction.)
(m) Failing to report to the Department any Chapter 458 or 459, F.S., licensee violation.
(Section 465.016(1)(o), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MJPE;

MAX: $1,500 fine and one (1) year of probation.
MIN: $1,500 fine, one (1) year of probation, and 12-hour Laws & Rules course or MJPE;

MAX: $5,000 fine and one (1) year of suspension.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE.
(n) Abandoning or allowing permit to become null and void after notice of disciplinary proceedings.
(Florida Statutes § 465.018(3))
MIN: Revocation;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
(o) Failing to notify the Board of commencement or cessation of practice due to discipline in another jurisdiction.
(Section 465.016(1)(p), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MJPE;

MAX: $2,000 fine and one (1) year of probation.
MIN: $2,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(p) Using or releasing patient records improperly.
(Section 465.016(1)(q), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MJPE;

MAX: $2,500 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $2,500 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
(q) Knowingly, or with reason to believe, dispensing based on purported prescription where patient-prescriber relationship is invalid.
(Sections 465.016(1)(s) and
465.023(1)(h), F.S.)

1. Reason to believe.
MIN: $2,000 fine, 12-hour Laws & Rules course or MJPE, and one (1) year of probation;

MAX: $2,500 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $2,500 fine and one (1) year suspension followed by one (1) year of probation;

MAX: revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MJPE;

MAX: One (1) year suspension with a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
2. Knowingly.
MIN: $5,000 fine, 12-hour Laws & Rules Course or MPJE, and one (1) year suspension;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MJPE;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
(r) Committing an error or omission during prescription drug processing.
(Section 465.016(1)(t), F.S.)
MIN (without ingestion or harm): $250 fine, complete approved CE course in the prevention of medication errors of no less than eight (8) hours and submission of an improvement action plan;
MIN (with ingestion) $500 fine, complete approved CE course in the prevention of medication errors of no less than eight (8) hours and submission of an improvement action plan;

MAX (with or without ingestion or harm): $1,000 fine and one (1) year of probation.
MIN (without ingestion or harm): $500 fine and complete approved CE course in the prevention of medication errors of no less than eight (8) hours, and two (2) years of probation;
MIN (with ingestion) $1,000 fine, complete approved CE course as outlined above, and two (2) years of probation;
MAX (without ingestion or harm); $5,000 fine, and one (1) year suspension followed by one (1) year of probation.

MAX (with ingestion or harm): Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of an approved CE course in the prevention of medication errors of no less than eight (8) hours;

MAX: One (1) year suspension with a continuing action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan including, at a minimum, completion of an approved CE course in the prevention of medication errors of no less than eight (8) hours;

MAX: Revocation.
(s) Guilty of a felony involving moral turpitude.
(Section 465.023(1)(d), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MJPE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension with a continuing action plan as outlined above.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(t) Guilty of a crime related to health care fraud.
(Section 465.023(1)(g), F.S.)
MIN: Revocation, or in the case of application for licensure, denial of license;

MAX: Revocation and a fine of $10,000.
MIN: Revocation, or in the case of application for licensure, denial of license;

MAX: $10,000 fine and Revocation.
MIN: Revocation;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
(u) Violating Florida Statutes § 456.072
(Section 465.016(1)(r), F.S.)

1. Making misleading, deceptive, or
fraudulent representation in or related to the practice of the licensee’s profession.
(Section 456.072(1)(a), F.S.)
MIN: $2,500 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year probation.
MIN: Revocation;

MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: Revocation;

MAX: Revocation
2. Intentionally violating any rule adopted by the Board or the Department.
(Section 456.072(1)(b), F.S.)
MIN: $2,500 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year probation;

MAX: revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
3. Being convicted or found guilty of, or
entering a plea of
guilty or nolo
contendere to,
regardless of
adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.
(Section 456.072(1)(c), F.S.)

a. Misdemeanor.
MIN: $1,000 fine;

MAX: $2,500 fine and one (1) year of probation.
MIN: $2,500 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
b. Felony.
MIN: $3,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year probation;

MAX: revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
4. Failing to comply with the educational course requirements for human
immunodeficiency virus and acquired immune deficiency syndrome, or medical errors.
(Section 456.072(1)(e), F.S.)
(Rules 64B16-26.103(1)(c) and 64B16-26.103(4)(e), F.A.C.)
MIN: $500 fine and suspension until compliant;

MAX: $1,000 fine and suspension until compliant.
MIN: $2,500 fine and suspension until compliant;

MAX: $5,000 fine and suspension until compliant.
MIN: Suspension and a corrective action plan which includes, at a minimum, becoming compliant;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan which includes, at a minimum, becoming compliant;

MAX: Revocation.
5. Having a license or the authority to practice the regulated profession revoked, suspended, or
otherwise acted
against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. (Section 456.072(1)(f), F.S.)
MIN: (Administrative related offense or offense not impacting patients directly) Reprimand;
MIN: (All other offenses) Same penalty as imposed in the other jurisdiction or as closely as possible to penalties for similar violation;

MAX: $2,500 fine and same penalty as imposed in the other jurisdiction or as closely as possible to penalties for similar violation.
MIN: Same penalty as imposed in the other jurisdiction or as closely as possible to penalties for similar violation;

MAX: $10,000 fine and revocation.
MIN: Discipline as close as possible to the discipline imposed in the other jurisdiction;

MAX: Revocation.
MIN: Discipline as close as possible to the discipline imposed in the other jurisdiction;

MAX: Revocation.
6. Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the Department against another licensee.
(Section 456.072(1)(g), F.S.)
MIN: $3,000 fine;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year probation;

MAX: revocation.
MIN: Reprimand;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
7. Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the Department or the Board.
(Section 456.072(1)(h), F.S.)
MIN: Revocation or denial of license application;

MAX: $10,000 fine and Revocation or denial of license application.
MIN: Revocation or denial of license application;

MAX: $10,000 fine and revocation or denial of license application.
MIN: Revocation;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
8. Except as provided in Florida Statutes § 465.016, failing to report to the Department any person who the licensee knows is in violation of Florida Statutes Chapter 456, the chapter regulating the alleged violator, or the rules of the Department or the Board.
(Section 456.072(1)(i), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MJPE;

MAX: $1,500 fine, and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: Revocation.
9. Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Florida Statutes Chapter 456, the chapter regulating the profession, or the rules of the Department or the Board.
(Section 456.072(1)(j), F.S.)
MIN: $2,000 fine and 12-hour Laws & Rules course or MJPE;

MAX: $2,500 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
10. Failing to perform any statutory or legal obligation placed upon a licensee.
(Section 456.072(1)(k), F.S.)
MIN: $2,000 fine and suspension until compliant;

MAX: $2,500 fine and suspension until compliant.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: revocation.
MIN: Suspension and a corrective action plan which includes, at a minimum, becoming compliant;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
11. Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so.
(Section 456.072(1)(l), F.S.)

a. Knowingly filing a false report or willful obstruction.
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
b. Negligently failing to file a report or record.
MIN: $2,500 fine;

MAX: $5,000 fine.
MIN: $5,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
12. Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or a scheme in or related to the practice of a profession.
(Section 456.072(1)(m), F.S.)
MIN: $5,000 fine and one (1) year of probation;

MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
13. Exercising
influence on the patient or client for the purpose of financial gain of the licensee or a third party.
(Section 456.072(1)(n), F.S.)
MIN: $3,000 fine;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: revocation.
MIN: Reprimand;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
14. Practicing or
offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.
(Section 456.072(1)(o), F.S.)
MIN: $2,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
15. Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.
(Section 456.072(1)(p), F.S.)
MIN: $2,000 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
16. Violating any provision of Florida Statutes Chapter 456, the applicable professional practice act, a rule of the Department or the Board, or a lawful order of the Department or the Board, or failing to comply with a lawfully issued subpoena of the Department.
(Sections 456.072(1)(dd), and 456.072(1)(q), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
17. Improperly
interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.
(Section 456.072(1)(r), F.S.)
MIN: $2,500 fine and one (1) year of probation;

MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
18. Engaging or
attempting to engage in sexual misconduct as defined and prohibited in Florida Statutes § 456.063(1)
(Section 456.072(1)(v), F.S.)
MIN: Revocation;

MAX: $10,000 fine and Revocation.
MIN: Revocation;

MAX: $10,000 fine and revocation.
MIN: Revocation;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
19. Being unable to
practice with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or as a result of any mental or physical condition.
(Section 456.072(1)(z), F.S.)
MIN: $500 fine, suspension until safe to practice with reasonable skill and safety;

MAX: $2,500 fine and revocation.
MIN: $1,000 fine, one (1) year suspension followed by suspension until safe to practice with reasonable skill and safety;

MAX: $2,500 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, demonstration of the ability to practice with reasonable skill and safety;

MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan including, at a minimum, demonstration of the ability to practice with reasonable skill and safety;

MAX: Revocation.
20. Failing to report to the Board, or the Department if there is no Board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.
(Section 456.072(1)(x), F.S.)
MIN: $1,000 fine;

MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;

MAX: revocation.
MIN: Reprimand;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
21. Testing positive for any drug, as defined in Florida Statutes § 112.0455, on any confirmed pre-employment or employer ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using such drug.
(Section 456.072(1)(aa), F.S.)
MIN: $500 fine, suspension until safe to practice with reasonable skill and safety;

MAX: $2,500 fine and revocation.
MIN: $1,000 fine, suspension until safe to practice with reasonable skill and safety;

MAX: $2,500 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, demonstration of the ability to practice with reasonable skill and safety;

MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, demonstration of the ability to practice with reasonable skill and safety;

MAX: Revocation.
22. Being terminated from, or failing to successfully complete, an impaired practitioner treatment program.
(Section 456.072(1)(hh), F.S.)
MIN: Suspension until successful completion or receipt of written confirmation of compliance with ongoing treatment;

MAX: Revocation.
MIN: Revocation;

MAX: $10,000 fine and revocation
MIN: Suspension and a corrective action plan including, at a minimum, written confirmation of compliance with ongoing treatment;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
23. Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. § 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.
(Section 456.072(1)(ii), F.S.)
MIN: Revocation, or in the case of application for licensure, denial of license;

MAX: $10,000 fine and revocation, or in the case of application for licensure, denial of license.
MIN: Revocation or in the case of application for licensure, denial of license;

MAX: $10,000 fine and revocation, or in the case of application for licensure, denial of license.
MIN: Revocation;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
24. Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement.
(Section 456.072(1)(jj), F.S.)
MIN: $500 fine;

MAX: $2,500 fine, suspension until amount owed is remitted.
MIN: $2,500 and suspension until amount owed is remitted followed by one (1) year of probation;

MAX: revocation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan including, at a minimum, remitting the amount owed.
MIN: Suspension and a corrective action plan including, at a minimum, remitting the amount owed;

MAX: Revocation.
25. Being terminated from the state Medicaid program pursuant to Florida Statutes § 409.913, any other state Medicaid program, or the federal Medicare program, as a result of fraud and abuse unless eligibility to participate in the program from which the practitioner was terminated has been restored.
(Section 456.072(1)(kk), F.S.)
MIN: $10,000 fine and one (1) year of probation;

MAX: Revocation.
MIN: $10,000 fine and two (2) year suspension followed by one (1) year probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
MIN: Two (2) year suspension and a corrective action plan;

MAX: Revocation.
26. Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud.
(Section 456.072(1)(ll), F.S.)
MIN: Revocation, or in the case of application for licensure, denial of license;

MAX: $10,000 fine and revocation, or in the case of application for licensure, denial of license.
MIN: Revocation or in the case of application for licensure, denial of license;

MAX: $10,000 fine and revocation, or in the case of application for licensure, denial of license.
MIN: Revocation;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
27. Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice.
(Section 456.072(1)(oo), F.S.)
MIN: Reprimand and a fine of $250;

MAX: $500 fine and one (1) year of probation.
MIN: $500 fine and one (1) year of probation;

MAX: $1,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: Reprimand;

MAX: Suspension and corrective action plan.
MIN: Suspension and corrective action plan;

MAX: Revocation.
(v) Violation of Florida Statutes § 828.055 by a permitted county or municipal animal control agency or humane society.
(Florida Statutes § 828.055)

1. Using drugs for animal euthanasia for an improper use.
(Section 828.055(3)(a), F.S.)
MIN: Reprimand and a $250 fine;

MAX: $500 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $500 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Reprimand;

MAX: One (1) year suspension and corrective action plan.
MIN: One (1) year suspension and corrective action plan;

MAX: Revocation.
2. Failing to take reasonable precautions against misuse, theft, loss, or diversion.
(Section 828.055(3)(b), F.S.)
MIN: Reprimand and a $250 fine;

MAX: $500 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $500 fine and one (1) year suspension followed by one (1) year probation;

MAX: Revocation.
MIN: Reprimand;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
3. Failing to detect or to report a significant loss, theft, or inventory shortage of drugs.
(Section 828.055(3)(c), F.S.)
MIN: Reprimand, $500 fine, and one (1) year of probation;

MAX: $1,000 fine, and one (1) year suspension followed by two (2) years of probation.
MIN: $1,000 fine and one (1) year suspension followed by two (2) years of probation;

MAX: Revocation.
MIN: Suspension and a corrective action plan;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
4. Failing to follow the rules of the Board regarding proper storage and handling of drugs.
(Section 828.055(3)(d), F.S.)
MIN: Reprimand and a $250 fine;

MAX: $500 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $500 fine and one (1) year suspension followed by one (1) year probation;

MAX: Revocation.
MIN: Reprimand;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
5. Violating any provision of Section 828.055, Chapters 465, and 499, F.S., or any rule adopted under those chapters.
(Section 828.055(3)(e), F.S.)
MIN: Reprimand and a $250 fine;

MAX: $500 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $500 fine and one (1) year suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Reprimand;

MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
(w) Failure to display hyperlink on telehealth registrant’s website.
(Section 456.47(4)(c), F.S.
N/A
N/A
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(x) Opening an office in Florida or providing in-person healthcare services to patients in Florida.
(Section 456.47(4)(f), F.S.)
N/A
N/A
MIN: Suspension and a corrective action plan;

MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;

MAX: Revocation.
(y) Failure to notify the applicable board, or the department if there is no board, of any adverse actions taken against his or her license.
(Section 456.47(4)(i)1., F.S.)
N/A
N/A
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation
(z) Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction.
(Section 456.47(4)(i)2., F.S.)
N/A
N/A
MIN: Reprimand;

MAX: Revocation.
(Discipline shall be as close as possible to the penalty imposed in other jurisdiction.).
MIN: Reprimand;

MAX: Revocation.
(Discipline shall be as close as possible to the penalty imposed in other jurisdiction.)
(aa) Violates any of the requirements of Florida Statutes § 456.47
(Section 456.47(4)(i)3., F.S.)
N/A
N/A
MIN: Reprimand;

MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(bb) Failure to comply with the parental consent requirements of Florida Statutes § 1014.06
(Section 456.072(1)(rr), F.S.)
MIN: Reprimand and a $250 fine;

MAX: $500 fine and one (1) year of probation.
MIN: $1,000 fine and six (6) month suspension followed by one (1) year of probation;

MAX: Revocation.
MIN: Reprimand;

MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;

MAX: Revocation.
(cc) Being convicted or found guilty of, entering a plea of guilty or nolo contendere to, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in Florida Statutes § 456.074(5)
(Section 456.072(1)(ss), F.S.
MIN: $10,000 fine and Revocation;

MAX: $10,000 fine and Revocation.
MIN: $10,000 fine and Revocation;

MAX: $10,000 fine and Revocation.
MIN: Revocation;

MAX: Revocation.
MIN: Revocation;

MAX: Revocation.
    (3) The board shall be entitled to deviate from the above-mentioned guidelines upon a showing of aggravating or mitigating circumstances presented to the board prior to the imposition of a final penalty.
    (a) Aggravating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines shall include but not be limited to the following:
    1. History of previous violations of the practice act and the rules promulgated thereto.
    2. The magnitude and scope of the damage or potential damage inflicted upon the patient or the general public by the licensee’s misfeasance.
    3. Evidence of violation of professional practice acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.
    4. Harm occurred or potential harm.
    (b) Mitigating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty beyond the minimum level of discipline in the guidelines shall include but not be limited to the following:
    1. The minor nature of the damage or potential damage to the patient’s or the public’s health, safety, and welfare resulting from the licensee’s misfeasance.
    2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices his profession.
    3. Restitution of any monetary damage suffered by the patient.
    4. The licensee’s professional standing among his peers.
    5. Steps already taken by the licensee to insure the non-occurrence of similar violations in the future, including continuing education.
    6. The degree of financial hardship incurred by a licensee as a result of the imposition of fines or the suspension of his practice.
    (4) All fines imposed by the Board shall be paid within a period of ninety (90) days from the date of the final order entered by the Board. This time limitation may be modified by the Board for good cause shown in order to prevent undue hardship.
Rulemaking Authority 456.47(4), 456.47(7), 456.072, 456.079, 465.005 FS. Law Implemented 456.47(4), 456.072, 456.079, 465.016, 465.023 FS. History-New 3-1-87, Amended 5-11-88, Formerly 21S-17.001, 21S-30.001, 61F10-30.001, Amended 6-26-95, 1-30-96, Formerly 59X-30.001, Amended 12-3-97, 11-15-98, 5-3-00, 1-2-02, 11-29-06, 9-26-12, 2-14-13, 2-5-14, 1-10-17, 12-18-18, 6-24-21, 3-13-22.

Chapter 64B16-30 Contents

LawServer

Florida Regulations 64B16-30.001: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

Terms Used In Florida Regulations 64B16-30.001

James Regan Attorney-at-Law

Maderal Byrne PLLC

Kurzban, Kurzban, Weinger & Tetzeli, P.A.